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APPROVED BY COUNCIL 5/?3/74
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T E M P 0 R A R Y
E A S E MEN T
KNOW ALL MEN BY THESE PRESENTS, that Charles F. Potuzak
of Jefferson County, State of Colorado, hereinafter called the
"Grantor", for and in consideration of the sum of ONE HUNDRED
DOLLARS ($100.00), and other valuable considerations paid in
hand by the CITY OF WHEAT RIDGE, COLORADO, hereinafter called
the "City", receipt of which is hereby acknowledged, has given
and granted and by these presents does hereby give and grant
subject to the terms and conditions contained within this agree-
ment, unto the said City an ~j:iQ.n.,tQ_,Q.g,WLe__~RIGHT-:-OF-WAY
and EASEMENT on, along, over and across the following descrined
premises, to 'wit:
A parcel of land situated in the SW~ of the NE~ of
Section 22, Township 3 South, Range 69 West of the 6th Principal
Meridian in Jefferson County, Colorado, more particularly des-
cribed as follows:
The northeast portion of a parcel in the southwest ~
northeast ~ and the northeast ~ southeast ~ of Section 22,
T 3S, R 69W, 6 P.M. and described in book 2318 page 885;
said parcel being south of West 44th Avenue and west of
Clear Creek starting at a point on the south ROW of West
44th Avenue at its intersection with the east ROW of
Field Street which point is 508.2' east of the center
line of Section 22; thence east along said south ROW a
distance of 284' to the true point of beginning, thence
south 380 51' east a distance of 165', thence south
680 40' east 174' to a point on the west bank of Clear
Creek; thence north 210 17' east a distance of 90' to the
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south ROW of West 44th Avenue, thence north 68 40' west
along said south ROW a distance of 317 feet to a poi lIt of
beginning containing 0.52 A. MIL.
For the purpose of:
Construction of Bridge And Related Appurtances
Subject to the following terms and conditions:
1. The City may exercise this option at its election at any time
prior to January 1, 1-~]2._by tendering to the Grantor nlne
h undre d dOl Tar 8-''\$'900 . 0 0) .
2. Should the City so exercise its option said easement will be
in effect for six (6) mon~~~_and will begin upon actual
commencement of construction work.
3. Should the construction period extend beyond a six month
period of time, the City shall pay over to the Grantor the
amount of one hundred sixty-seven dollars ($167.00) per
month or a pro rata amount thereof, but shall not exceed
an additional six months.
4. The owner agrees to remove at the City's expense, any
materials presently stored on said easement within thirty
(30) days following execution of item number 1 and at the
conclusion of the use of the easement by the City, said
materials shall be moved back onto the easement by the
owner at the City's expense.
5. No permanent structures shall be erected on said easement.
6. Prior to completion of the project, the temporary detour
will be removed and the easement will be restored equal
to or better than its original condition, with the
exception that the paved detour within the easement may
at the Grantor's request be left in place.
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7. At the time the City exercises its option for said easement,
it shall construct a temporary fence, at least six (6) feet
in height, with three (3) strands of barbwire, along the
boundary of the easement abutting the property owned by the
Grantor, which fence shall be removed by the City on the
completion of the project.
IN WITNESS WHEREOF,
handt,(s) and seales) this
A.D., 19 1\(
(;re) Ha'-l ".. hereunto set
':>.'\~ day of ~, :;, ,',
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(Grantor)
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(Corporate Secretary)
State of
County of
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The foregoing instrument was acknowledged before me this
-:";)..\ ..~ day of _ ~"',::.'-'-. , 19~, by
Wi tnesS~~h~~d"~~ - ~i1';i~'i t-eal.
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Approved~as to form: Recommended:
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l:Of t~ '~ttorney '- ,c1' ,/J'~ ' I ;
Director of Public Works
Approved:
Approved:
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Mayor, City of Wheat Ridge
City Administrator
Attest:
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CJ.: ~ Clerk
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